Welcome to the latest ISSA Legislative & Regulatory Update, a biweekly roundup of the latest public-policy issues impacting the full spectrum of the cleaning industry. This update touches on helping ISSA submit a cleaning week proclamation for your state, registering for the 2022 ISSA Clean Advocacy Summit, ISSA requesting meetings with U.S. Department of Labor (DOL) in advance of potential new overtime rules, and more.

Want to stay informed about critical government affairs impacting the industry? Sign up here to have the ISSA Legislative & Regulatory Update emailed to you every other week!

And be sure to check out the latest installment of our video series, ISSA Advocacy Cleaning Industry Alert with ISSA Director of Government Affairs John Nothdurft, to learn about the top three advocacy issues impacting the cleaning industry right now, including the five states, thus far, that have proclaimed an official week dedicated to the cleaning industry; potential new DOL overtime regulations; and California’s short-form rulemaking.

ISSA Advocacy

Submit a Cleaning Week Proclamation for Your State
March 27-April 2 is National Cleaning Week–a time when the entire cleaning industry celebrates the value of clean. Help ISSA raise awareness about the industry by submitting a proclamation to designate an official week of cleaning for your state. Nearly every state has an online proclamation form that a resident of that state can submit free of charge. ISSA has already written a template proclamation, but we need your help submitting the proclamations by February 11. Help us reach our goal of designating a cleaning week in all 50 states! If you’re interested in helping with this campaign and/or have questions about National Cleaning Week, please contact ISSA Government Affairs Manager Stacy Seiden.

Register for 2022 ISSA Clean Advocacy Summit
Register now for the 2022 ISSA Clean Advocacy—IOPFDA Workplace Solutions Summits, March 30-31, in Washington, DC, as part of National Cleaning Week. During this two-day, premier ISSA advocacy event, participants will get up to speed on the pressing public-policy issues for the full cleaning supply chain and sharpen their advocacy acumen. Participants will then apply their new knowledge and skills by meeting with lawmakers and other Washington insiders to advance the industry. Reserve your seat today!

ISSA Requests Stakeholder Meetings Prior to Potential New Overtime Regulations
ISSA joined 109 other organizations, which represent a wide range of employers from private industry, states, municipalities, universities, colleges, K-12 schools, and nonprofits, to request that the U.S. Department of Labor hold stakeholder meetings prior to the development and issuance of potential new overtime requirements.

ISSA Opposes California’s Short Form Rulemaking
ISSA joined more than 80 California-based, as well as national organizations and businesses in requesting that the Office of Environmental Health Hazard Assessment’s Modification of Text Title 27, California Code of regulations Proposed Amendments to Article 6 Clear and Reasonable Warnings – Short Form dated December 17, 2021, be withdrawn. While the signatories objected to the need for the rulemaking and strongly recommended that it be tabled, especially during the ongoing emergency orders relative to COVID-19, they also offered comments specific to the Modified Proposed Rulemaking related to such issues as the length of time required to achieve compliance, “insufficient” warning label size limitation, and potential for “significant litigation.”

Judicial

Court Blocks Vaccine Mandate for Federal Employees
A federal judge in Texas ruled that the Biden Administration cannot enforce its vaccine mandate for federal employees, issuing an injunction that halts the requirement nationwide, Cleaning & Maintenance Management reported. Judge Jeffrey Brown found that the President had no legal authority to require federal employees to get vaccinated, saying that while the President has broad power over federal employment policies, that authority was not sufficient to justify the September 2021 executive order that implemented the requirement.

U.S. Appeals Contractor Vaccine Order to Fifth Circuit
The U.S. Justice Department will appeal a Louisiana federal court’s ruling that blocked U.S. President Joe Biden‘s order for government-contractor workers to get the COVID-19 vaccine, according to Bloomberg Law.

Legislative

Momentum Builds for New COVID-19 Relief for Businesses
Momentum is building on Capitol Hill for more coronavirus relief funding to support restaurants and other businesses struggling to stay afloat in the face of the latest wave of the pandemic, The Hill reported. ISSA strongly supports these efforts, including small-business relief for cleaning-related expenses, as part of the association’s ongoing advocacy for healthy workplaces.

Senators Propose Legislation to Bolster Pandemic Preparedness
U.S. Senators Patty Murray (D-WA) and Richard Burr (R-NC) proposed a bipartisan bill that would bolster the country’s pandemic preparedness and probe the origins of COVID-19. The PREVENT Pandemics Act would “examine what has worked, and what has not, during the nation’s response to the COVID-19 pandemic and incorporates ideas from multiple members on both sides of the aisle,” according to a news release from the Senate Health, Education, Labor and Pensions Committee.

Regulatory

OSHA Withdraws Vaccine and Testing ETS
The U.S. Occupational Safety and Health Administration (OSHA) withdrew its vaccine and testing emergency temporary standard (ETS) issued on November 5, 2021. Instead, the agency is “prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.” OSHA withdrew the ETS in response to the recent U.S. Supreme Court actions, but its statement suggests that the agency still plans to move ahead with a permanent vaccine and testing rule. We could see a final rule later this year. ISSA will continue to keep its members apprised regarding this issue as it relates to the cleaning industry.

CDC Redefining Fully Vaccinated Status
If your company requires employees to be fully vaccinated against COVID-19, you may need to reevaluate what that means. With new studies from the U.S. Centers for Disease Control and Prevention (CDC) finding that a booster shot provides the best protection against the omicron variant, the CDC is emphasizing the importance of staying up to date with COVID-19 vaccination schedules, Cleaning & Maintenance Management reported.

White House to Make 400 Million N95 Masks Available for Free
The White House announced that it is making 400 million N95 masks available for free, part of a string of actions aimed at fighting the omicron variant, according to The Hill. 

DOL Announces Annual Adjustments to OSHA Civil Penalties
The U.S. Department of Labor announced adjustments to Occupational Safety and Health Administration (OSHA) civil penalty amounts based on cost-of-living adjustments for 2022, increasing maximum penalties for serious and other-than-serious violations from US$13,653 per violation to $14,502 per violation, Business Insurance reported.

OSHA Updates Safety Guidance on Using Robotic Systems
OSHA has updated and expanded a chapter in the OSHA Technical Manual on Industrial Robot Systems and Industrial Robot System Safety, according to Cleaning & Maintenance Management.

State News

Hawaii Lawmakers Propose Increasing Minimum Wage to $18
Hawaii legislators opened a new session of the legislature with House leaders proposing to raise the state’s minimum wage to US$18 an hour, according to U.S. News & World Report.

If You’re a Frontline Worker, States Might Give You a Raise
Both Republican and Democratic governors are pushing this year for higher pay—and in some cases, more training—for teachers, police officers, health care workers, and other professionals who have proved themselves to be essential during the coronavirus pandemic, The PEW Charitable Trusts reported.

Mandatory Employee Vaccines – Coming to a State Near You?
This article from Littler features an updated chart with basic information on COVID-19 vaccination mandates issued at the federal and statewide levels. The chart covers directives that affect public or private employers.